Common use of Covenant Not to Compete; Non-Interference Clause in Contracts

Covenant Not to Compete; Non-Interference. 6.2.1. The Executive covenants and undertakes that, during the period of three (3) years from the date hereof, and without regard to termination of the Term, he will not, without the prior written consent of the Company, directly or indirectly, and whether as principal, agent, officer, director, employee, consultant, or otherwise, alone or in association with any other person, firm, corporation, or other business organization, carry on, or be engaged, concerned, or take part in, or render services to, or own, share in the earnings of, or invest in the stock, bonds, or other securities of any person, firm, corporation, or other business organization (other than the Company or its affiliates, if any) engaged in a business in the Continental United States which is in competition with any of the businesses carried on by the Company or APH (a "Similar Business") except in the course of his employment hereunder; provided, however, that the Executive may invest in stock, bonds, or other securities of any Similar Business (but without otherwise participating in the activities of such Similar Business) if (i) such stock, bonds, or other securities are listed on any national or regional securities exchange or have been registered under Section 12(g) of the Securities Exchange Act of 1934; and (ii) his investment does not exceed, in the case of any class of the capital stock of any one issuer, 5% of the issued and outstanding shares, or in the case of bonds or other securities, 5% of the aggregate principal amount thereof issued and outstanding. The obligations of the Executive under this Section 6.2.1 shall terminate when the employment of the Executive terminates, unless such termination is pursuant to Section 5.2 hereof, in which event such obligation shall continue for the three (3) year period set forth above.